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Steven W. Lee Page 2 The fee schedule was amended in March of 2000, so that under either option, the bond (or cash deposit) or the fee paid directly to the City was based upon the same formula. This was calculated as follows' a. Measure the total length of Tots within or abutting the street right of way in the area being developed; b. Subtract 15 feet for each leg of the vision clearance zone of each intersection included within me development; c. Subtract 30 feet for each residential lot or 80 feet for each commercial or industrial lot within the development (representing future driveways); d. Divide by 30. e. Multiply by 1.10 (representing the 10% anticipated tree mortality); 1. Multiply by $300 for local streets or $400 for collector or arterial streets The fee schedule, as amended, after reciting the above formula, then specifically states: 'The fee is equal to the cost of purchase, installation, and establishment of the street trees required by the approved Street Tree Plan." While the formula and fee schedule appears, on its face, to be an equitable method of calculating the costs to the City, the actual implementation of the fee schedule and Street Tree Plan has proven otherwise. A review of the fees paid to the City pursuant to the Street Tree Plan Agreements executed for each of your subdivisions, when compared to the number of street trees demonstrates large differences in the amount pad for each tree. (S (See subdivision, Exhibit A� It is clear that the fees paid, based upon the calculations taken from the fee schedule, do not reflect the actual costs of the City, but are, in fact, arbitrary, and in my opinion, violate Street Tree Program Administrative Rule R- 7,260 -F(1). There are two basic reasons why the fee schedule does not truly reflect the costs to the City' 1. The formula does consider the fact that street trees cannot be planted in vision clearance zones or driveways. However, R- 7.2800(6) creates a multitude of other standards which further restrict the planting of street trees in certain locations. These include, but are not limited to, fire hydrants, buried utility lines, overhead utility lines, meters, and street signs. As a result of this, the actual number of trees planted by the City at least varies from subdivision to subdivision, and is almost always significantly less than anticipated. Logically, this has to decrease the costs to the City, meaning that the fees paid by the developer exceed the actual costs, in direct violation of Administrative Rule R- 7.280- F)(1).